HRC: Concerned At Increasing Amount Of Anger

July 10, 2014

The Human Rights Commission said they have “grown concerned at the increasing amount of general anger in our community, and specific anger directed at politicians, Bermudians, PRC Holders and others who comment or are involved in the current debates.”

A spokesperson said, “As Commissioners of the Human Rights Commission we are independent from the Government and from the Opposition. In particular, we were selected by an independent selection committee comprised of individuals from across our community.

“Our general mandate under the Human Rights Act 1981 [the “Act”] is to educate on Human Rights issues and to adjudicate over Human Rights Tribunals.

“The rights [specifically employment rights] of PRC Holders and Bermudians has been raised frequently in the past few weeks by various politicians, spokesman and private individuals. There are clearly polarised positions in respect of whether PRC Holders [who have been here since 1989] should be granted Bermudian status.

“It is not appropriate for us as Commissioners to comment on this specifically one way or the other – save to say that we, as Commissioners, are guided by a statutory mandate to uphold the Act and support all peoples’ human rights as stipulated in the Act.

“Our role is relatively straight forward in this regard, as we have no mandate to consider the impact to Bermuda in terms of politics or the economy etc. [save where there is an impact on Human Rights].

“We have grown concerned at the increasing amount of general anger in our community, and specific anger directed at politicians, Bermudians, PRC Holders and others who comment or are involved in the current debates.

“Some of the anger seems to be generated as a result of a misunderstanding of the basic legal position under the Act, and confusion over the sphere of influence the Act actually has.

“As such, it is prudent to set out the general position of the Act in respect of this issue as follows [please note this is a general summary, as each case brought before a Tribunal is decided on its own merits and facts]:

  • [1] The Act applies to all who live in Bermuda and, unless specifically excluded in other acts of parliament, is a dominant statute. This means in simple terms that the Act overrules all other statutes, policies etc. unless stated otherwise;
  • [2] The Act is superior to Immigration policy [the new 2013 policy or otherwise];
  • [3] The Act mandates that employers do not discriminate against anyone on the basis of their place of origin. For example an employer cannot choose a Russian over an American purely on the basis of where they are from.
  • [4] The Act creates no hierarchy for hiring Bermudians over non Bermudians. This would be, in other circumstances, a breach of the Act save that Employers may choose, if they wish, to hire a Bermudian over a non-Bermudian when hiring new employees.

“To be clear, the Act does not mandate the preferential hiring of Bermudians over others [e.g. PRC Holders or spouses of Bermudians], and there is no suggestion within the Act that employers should carry out such a practice.

“Indeed, if an employer chooses to exercise this exemption and selects a Bermudian for employment over a PRC Holder purely on the grounds of a PRC Holder’s national origin, advice from an attorney should be sought – as other Bermuda laws may have an impact on such a choice and whether it is lawful. Any Tribunal formed under the Act to adjudicate over a complaint on these grounds would have to consider a large range of issues.

“We would urge all those involved in these debates [on all sides] to ensure that, as a starting point, the basic legal position under the Act is understood as per the above. This will ensure that the debates are fruitful and beneficial to all.

“Whilst a spirited debate is welcome, we are concerned that the debate may degrade into hateful, vexatious and/or harmful words in respect an individual’s national origin [be it Bermuda or otherwise]. Such conduct may in itself be a breach of the Act.”

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  1. Kangoocar says:

    I am starting to lose count on the number of things of nonsense/carnage the plp has caused! Can anyone help me??? Dumbing down their support base, is the only thing I can think of that they were successful at??? I will bet anyone, that the complainers who this panel is worried about, is 120% plp voters!!!!!

    • Black Soil says:

      Chris Famous and the PLP don’t care what the HRC as to say because whether or not something is a human rights issue is besides the point. It’s all about power through a process of institutional political apartheid. Or as some would say “by any means necessary”. How ironic!!!

      • BETTTY TRUMP says:

        THE PLP has not made up anything. Please take time and Read the “WORK PERMIT POLICIES 2013 The Ministry of Home Affairs Department of Immigration”
        April 2013 …it clearly spells this out.

        Responsibilities of the Employer
        a. Filling Job Vacancies The main criterion in assessing whether or not to grant a work permit is whether there is a suitably qualified Bermudian who is interested in the job and available to do it. If so, then a Bermudian applicant who fulfils the minimum advertised requirements and qualifications for the job, should be hired in preference to a non-Bermudian. An employer who applies to employ a non-Bermudian in a job for which there was a Bermudian applicant
        is required to give clear, satisfactory reasons for not employing the Bermudian. It should be appreciated, though, that the Ministry can only prevent the hiring of a non-Bermudian by the refusal to grant a work permit. The Ministry has no powers to force that a particular Bermudian is employed. Notwithstanding this, it is expected that employers will fill jobs in Bermuda in the following order.

        1. Bermudian non-Bermudian spouse (including the widow or widower) of a Bermudian divorced parent of a Bermudian

        2. Permanent Resident‘s Certificate holder non-Bermudian with a qualifying Bermudian connection other non-Bermudians

        3. Bermudian non-Bermudian spouse (including the widow or widower) of a Bermudian divorced parent of a Bermudian Permanent Resident‘s Certificate holder non-Bermudian with a qualifying Bermudian connection other non-Bermudians

        So this is the guidelines that is often followed. There is no myth or made up story by the PLP, it is written.

        While the HRC has their role to perform, so does other Ministries of Government.

        • BETTTY TRUMP says:

          This information is from the Department of The Ministry of Home Affairs Department of Immigration”
          April 2013 …it clearly spells this out on page 6….

          b. Laying Off Staff Where there is a need to lay staff off, employers are reminded that where there is more than one person in a certain job category, non-Bermudians are to be laid off first; i.e. before Bermudians are laid off.

          Please take some time to do your homework before falling down on everything ….

          • nuffin but the truth says:

            [1] The Act applies to all who live in Bermuda and, unless specifically excluded in other acts of parliament, is a dominant statute. This means in simple terms that the Act overrules all other statutes, policies etc. unless stated otherwise;

            Please take some time to do your homework before falling down on everything ….as you do everytime you open your trapdoor

          • James says:

            Betty, reading is fundamental:

            “[2] The Act is superior to Immigration policy [the new 2013 policy or otherwise];”

            More importantly:

            “It should be appreciated, though, that the Ministry can only prevent the hiring of a non-Bermudian by the refusal to grant a work permit. The Ministry has NO POWERS to force that a particular Bermudian is employed.”

            Ergo, there exists no legislated “hierarchy” vis a vis hiring practices, and, consequently, the PLP—and you, by extension—are spreading misinformation.

            Do stop. Please.

            • Redo says:

              Batty Dump got schoooled! Now will someone PLEASE teach her how to use the word “whom.” She NEVER uses it correctly. Basic English Batty. Pathetic.

              • Onion says:

                The incorrect use of “whom” shows up in a lot of pro-PLP posts and post claiming to be ex-OBA voters.

              • JustAskin2 says:

                What is pathetic is this idiotic comment. Don’t you have anything better to do?

          • Seniority??? says:

            Betty, so you’re saying that if this were a union shop that seniority should be ignored?

            BTW, the Human Rights Commission has made it clear that making employment decisions based on national origin (which includes implementing any sort of heirarchy among Bermudians, Spouses of Bermudians, and PRC’s) is in violation of the law AND the Human Rights Code supercedes any and all other laws in place.

        • Allspice says:

          Those “guidelines” may be “often followed”, but to follow them would be illegal. Human rights apply to all humans and should not be treated as a matter of convenience. Likewise the law must apply to everyone in the same way.
          Your guidelines throw out all of the civil rights activism of the last century for a matter of convenience and personal preference.

        • What part of ... says:

          Betty, What part of “it’s illegal” don’t you understand? Or did you bother reading the HRC ruling?

  2. Biko says:

    You better get concerned, just like de Americans with de Border Children.

  3. 32n64w says:

    More proof of PLP lies, emotional manipulation and blatant misrepresentations masquerading as concern for ‘real Bermudians’.

    PLP – Party before country since 1998.

    • BETTTY TRUMP says:

      Your the one lacking any real proof as you continue to spit out the script from the UBPoba, without doing your homework and research…blindly following along.

      • nuffin but the truth says:

        There is NO such thing as the UBPoba…another LIAR of the plp.

        • Put pupils first says:

          Betty is an OBA blogger.
          Her one sided nonsensical rants attacking the OBA make the PLP look bad.

          • Onion says:

            In that case Marc Bean must be an OBA plant.

            • Ella says:

              MB certainly is a plant – poisonous one at that, or is he a “medicinal” plant?

      • 32n64w says:

        Wrong. Read the article.

      • Malachi says:

        I believe it’s “you are” or “you’re” as opposed to “your”.

      • Anbu says:

        Youre the only one who is scripted betty lmao. Well done peeps. Keep riling her or him or they up. Lol

  4. lifetime says:

    It’s the heat!

    A hot hungry man is an angry man.

  5. Coffee says:

    Well I guess that’s what people the world over do . They sit back and allow foreigners to take jobs , homes , land and oppurtunities away from them , including the sacred right to vote . (That in itself isn’t so benign , except for the fact that the privilege of being on the registra to vote in Bermuda by a foreign born individual was/is and continues to be damaged historically by the UBP the father and mentor of the OBA .)
    They do it (hand over the country to foreigners) in Canada , England , USA , Germany , France , Italy , Switzerland , Dubai , Australia , New Zealand , Jamaica , Bahamas , Barbados , Japan and The Peoples Republic of China .
    It’s time for Bermuda to stop living in the selfish dark ages and come to terms with the New World Order . Anger is bad , capitulation is good .
    Never fault a person for leaving the comforts of home to come to an inhospitable country like Bermuda to make a better life for themselves . They have struggled here , some have only been able to travel the world once , while others (PRC holders and status Bermudians ) have accomplished much more . Now they demand the whole hog .

    Anyway Bermudians , we must be much more hospitable and less angry while we hand over the only things we ever truly had , the pride and respect that being born in paradise affords us . No amount of money or national debt could value or for that matter devalue those true and living facts . Paradise should never be for sale or obtained by stealth .

    • Let's Think About This... says:

      1) You are not entitled to land because you are born in a country. You have pay for it like everyone else has to. Your family doesn’t have the homestead because they were born on it. They have it because their ancestors paid for it.

      2) PRC holders are not taking houses you “would have had” because unless you can afford it, you wouldn’t have them in the first place.

      3) They already have jobs here so they can’t take any more.

      4) This isn’t a zero-sum situation. If PRC holders get the right to vote, that right isn’t removed from Bermudians. We still keep it. The voting population just gets bigger. (By the way, how many of the angry people actually exercise their right to vote? Just wondering…)

      5) Opportunities present themselves all the time. If you want one, go get it. It will not be given to you for nothing (i.e. not putting in an effort/working for it, etc). PRC holders cannot take away opportunities that Bermudians don’t take.

      The PRC holders are needed to fill the spaces the nationalized population cannot. And they’re already living here! Many bring perspectives that locals don’t have simply because they have had different experiences. This is needed as what has been done in the past won’t work as the future continues to change. Bermuda needs new ideas that they may be able to bring. They can vote based on their understanding of a candidate’s platform rather than because my family has always supported them. Which, by the way, is probably THE worst reason one should ever vote for someone. But they are vital. Create requirements that detail who is eligible for status, then evaluate each case on an individual base. Same requirements must be met for every case, no bias. This means not any and every person gets through.

      Also, not everyone who has immigrated to Bermuda for work wants to live here permanently. Do you know the size house and amount of land $1 million would get in the Philippines/St. Vincent/Turks & Caicos/etc? Much more than what it gets here (2-bedroom single story house on half an acre).

    • JustAskin2 says:

      So in other words, Bermuda is fast becoming like a certain African country that we know… we’ll sit back, allow foreigners to take jobs, slowly dominate the society, take over that society and then disenfranchise us. Then when the natives finally go postal, the foreigners will stare at each other in amazement and cry ‘What did I do? We were — so good — to those people.’ It’s sad that people do not learn from others’ mistakes.

  6. Enough!

    As of late I have been continually more and more embarassed and angered by the “young PLP” performance across the board!

    I am calling for true PLP supporters like me to rise up and de-throne the current leadership and get us some seasoned, ripe, experienced and caring PLP representatives in office!

    We need leadership and experience and compassion to solve our nation’s problems and no more of this “political spin” stuff!

    No more twitter, no more blogs no more professional politicking and part time emmy award winning performances in the House – its time to roll up our sleeves and get the shovels in the ground.

    And its past time to take out our own trash PLP! Lets clean house and get Bermuda on a positive track!

    • Al says:

      There is only one PLP caucus. If you don’t agree with their policies then you’re in the wrong party.

    • disadvantaged says:

      Take out the young and bring back the old??? Laughable!!! Its the old guard that put the country in this mess!!! Why do we feel so threatened by our youth?? They are our future!! Its supporters like you that the PLP certainly don’t need.The likes that you received,they are not from PLP supporters but OBA supporters who would love for the old seasoned representatives,with the same ideologies of the old seasoned PLP Politicians,representing the PLP come election day! I certainly know who I would vote for!

    • Kunta says:

      @Bill Stephens you sound more like an inside SURROGATE !!!!!!!!!!!!

  7. nuffin but the truth says:

    What more proof does anyone need that the plp are LIARS!

    We all saw what these people did to Bermuda during their 14 years of terror and still they try to convince people they are good for Bermuda.

    The fact is,they are ONLY interested in themselves and what they can get their paws on.

    Looking back on World History anyone can see what these type of so called political parties do.

  8. Jonah says:

    Big over reach HRC ..the country is simply split along racial / socio economic and country of origin lines..wait, Is this not the case in the US or Italy or many other countries ?

    We are not a special country and the above didn’t just surface – we have always been a little South Africa…get real HRC ..

    • Get real? says:

      How is stating the law of the land “overreach” – fact is the statement by the HRC is absolutely correct.

      So how exactly is the HRC supposed to “get real”?

  9. cromwell says:

    Part of the problem is the local talk show host who some refer to as Bermudas first female Rush Limbaugh whipping up tribal feelings. Free speech does not include crying fire in the movie theater.

    The human rights issue goes far beyond the HRC Bermuda Commission, human rights is global and endorsed by the UN. Bermuda is no longer another world where abuse can be covered up under the cover we are such a small jurisdiction in the midle of the Atlantic ocean.

    We may be small but there are no secrets in this new global world.

    • nuffin but the truth says:

      also known as HATE Radio!

    • Portia says:

      I would be less concerned about what a talk show radio host has to say, and instead, ask the question, why is it that she has an audience in the first place? Obviously, she is being an outlet to those who feel they need a voice, or she would get no airtime at all. And that can only suggest that her listeners tune in because the Government has tuned them out.

    • Cleancut says:

      Radio propaganda aimed at influencing attitudes towards a certain cause.

    • Rockfish#1 says:

      Leave Ms. S Limbaugh alone! When one bears in mind who the station owner is, one will know she is desperately singing for her supper. If not she will join the unemployment lines like so many other Bermudians!

  10. surprised? says:

    Is this of any surprise to any right thinking human being in the 21st century?

    When basic human rights get trampled and used as political fodder–people who care for the well being of the society in which they live in get agitated.

    While we appreciate the HRC “concern”–(applause for their input)–perhaps those that continue to thrust their archaic and myopic views down the collective throats of the counrty may wish to reconsider their approach as this is not advancing the cause of Bermudian people.

    Have a blessed evening!

  11. Chris Famous says:

    it is expected that employers will fill jobs in Bermuda in the following order.
    -Bermudian
    -non-Bermudian spouse (including the widow or widower) of a Bermudian -divorced parent of a Bermudian
    -Permanent Resident‘s Certificate holder
    -non-Bermudian with a qualifying Bermudian connection
    -other non-Bermudians” WORK PERMIT POLICIES 2013
    The Ministry of Home Affairs Department of Immigration
    April 2013

    Here is the immigration policy written by the OBA over a year ago.
    LINK

    • Naive Observer says:

      Chris, note the following from the same policy document

      “It should be appreciated, though, that the Ministry can only prevent the hiring of a non-Bermudian by the refusal to grant a work permit. The Ministry has NO POWERS to force that a particular Bermudian is employed.”

      PRC holders require no work permit. Since the Ministry can only refuse a work permit and none is required, there is no real requirement to prefer a Bermudian over a PRC, Spouse etc. except the government would prefer it. Simple logic. There is no force of LAW involved, just an unenforceable policy preference. This has been the case since the PLP granted PRCs so it must be the way they intended it to be.

      • brigadooner says:

        Just because the ministry has no direct recourse to enforce the hierarchy stated above, it does not mean it doesn’t exist.

        It does.

        I’d bet my bottom dollar that if there were two candidates who were equally viable for a job, 1 of whom was born Bermudian and the other a PRC Bermudian and the PRC got the job there would be sufficient grounds for the born Bermudian take that employer to court.

        I don’t like it. But pretending that those who have differing political points of view are idiots and trying to ignore facts just makes the situation worse.

        • Sandgrownan says:

          I don’t think that is correct.

        • serengeti says:

          If you bet your bottom dollar in this way, you would lose it.

      • Anbu says:

        Man its like talking to a brick wall. Dont even bother trying. He just doesnt get it. Hes a plp voter lol. Its blatantly obvious by his opinion pieces. And thats what makes it even more laughable. U know what they say of opinions, theyre like something else everyone has. Lol. No matter what the plp does or says he will sing their praise till the second coming. Blah blah blah

        • brigadooner says:

          I actually I think the PLP are worst thing to ever happen to Bermuda… I’m just saying that you can’t pretend like there isn’t a piece of legislation on our books that specifically mentions a hiring hierarchy. And since the HRA is silent on the matter there is grey area.

        • brigadooner says:

          Sorry I thought this comment was directed at me… my bad

    • Creamy says:

      Chris, do you agree with the Human Rights Act or not?
      Yes or No?

      • brigadooner says:

        False Dilemma. He can agree with it and still agree with the immigration policy.

        • serengeti says:

          He either agrees that everyone is treated equally according the law or he doesn’t. So which is it?

          Do PRC’s get their rights under the laws of Bermuda, like everyone else, or not?

          Nothing ‘false’ about it.

        • Al says:

          The two are mutually exclusive. The HRA trumps.

          • brigadooner says:

            They are not. HRA is silent on a hiring a hierarchy, the immigration policy specifies it.

            • serengeti says:

              The HRA indicates everyone should be treated equally under the law. Something the PLP doesn’t want, apparently.

              • brigadooner says:

                But what happens if there is inequality in the law itself? as with the immigration policy?

                • serengeti says:

                  The HRA takes precedence in any ambiguity, as the law itself says.

    • Franklin jr says:

      Always with the selective borderline lies / misrepresentations of the truth

      Chris, do you and the plpbiu hate Bermuda? It’s the only logical conclusion

    • Sandgrownan says:

      Doesn ‘t matter how much you want it to be so..it isn’t. Give it up.

    • Ringmaster says:

      The statement begins “It is expected”. The PLP Fact Sheet stated it was legislation. It is not so that is a blatant untruth. Your opinion piece stated it was Policy. It is not Policy, merely expected, and the Ministry’s notes go on to say they have no powers to force anyone to hire a Bermudian. Plus this only applies to those seeking a work permit. If no work permit is needed, then the Ministry is not involved. PRC holders do not need a work permit. It is clear in what it says, even if it doesn’t say what the PLP wants it to say.

      • Put pupils first says:

        I don’t think Mr. Famous knows what expected means.

        Is he getting it confused with entitled?

    • Chris, did you read the HRC submission? says:

      Did you?

    • JustAskin2 says:

      And if you expect employers to follow those rules, I have some land in Florida to sell you.

  12. nuffin but the truth says:

    it’s becoming more than clear to many people that the plp and their followers only read what they want to read and only see what they want to see.

    • Chris never readHRC submission? says:

      Based on his earlier response, it’s pretty clear that Chris never read the HRC submission in the article. If he had he’d have to explain why the Human Rights legislation doesn’t trump other laws?

  13. campervan says:

    PLP stomping down hard on Human Rights and whipping up Nationalist fervour.
    Good job HRC, call it like it is.

  14. James Herald says:

    Time for PLP to stop lying about this pure and simple.

    PLP you are embarrassing yourselves.

    I kinda feel sorry for you cos you can’t even blame race. Goodness, what to do?

    Try to make a reasonable argument perhaps? Yeah sure.

    But you should try it sometime – you might finally be taken seriously.

    Until then you’ll just be the same old unprofessional, backwoods, uneducated, inexperienced, racist – PLP.

    Stop lying!

  15. I just don’t understand awl dis hooplah…Ewert Brown was an American Bermudian…dueally….had to drop a status to eat de cake…..you know this….I know this….he knows this….errrrrrrrrrrryyyyyyybody knows this….so what de hell is de issue?

  16. whatevs says:

    Hey, its okay to violate human rights in Bermuda. Just make sure you are not in public. Go into a store or something.

  17. JUNK YARD DOG says:

    Smile every one !

    The whole world is watching you.

    • JustAskin2 says:

      Although there are a few good OBA comments here and there, many read a bit crazy. Conversely, most of the PLP comments appear to speak to a higher intelligence level and tend to be calm and informed without the nasty name calling, acronym’d cursing and the usual white racist undertones.

      I really don’t know why Betty, Alvin and the like bother to respond to some of these comments. Injecting research and calm reasoning into these responses to me seems to be a waste of time. Much better to let the OBA trolls spew their nasty, resentful, hateful, contemptuous, racist vitriolic comments. It will open the public’s eyes to the real character of the OBA and help voters decide who they want to associate themselves with come election time.

  18. clearasmud says:

    It is a fact that both the government and the opposition have always stated that Bermudians come first in the consideration for jobs so the fact that it is not mentioned in the Human Rights act is just another part of the short commings of that Act. Citizens of any country would have the Human right to expect that their elected officials would put them first in their own country. I would challenge the HRC to highlight any country that does not do so!

    • oooh sailor says:

      Every single country in the European Union for starters.

      However you are missing the point. This is about permanent residents not immigration. Every single western county I know of allows equal rights for all permanent residents for jobs. Including US green card holders.

      • clearasmud says:

        I am not missing any point and I did not mention immigration any where!

        • oooh sailor says:

          Yes you are. PRC holders here since 1989 are bermudians for the purposes of the constitution. No comment on the other points?

  19. Alvin Williams says:

    I reject the idea that to be a Bermudian holds no special status above all else.
    I do not see the citizens of any other country who would allow a political leadership to hold such a opinion and hold political office.
    Hence my total rejection of the anti-Bermudian OBA government who despite it’s dubious attempt to hold a fig-leaf up to cover it’s failure to announce it’s position on the issue; can not mask it’s true intent.
    Laws are man made as are interpretations of law and man has not always agreed. If the Human Rights Commission and it’s chairman is saying that I as a Bermudian who stands for full rights and entitlements for Bermudians in their own country above any one else and say so in anger and therefore I am breaking the law? than I say so be it and let history be my judge.

  20. oooh sailor says:

    No you are missing the point and the HRC never said that. Read it carefully, you can under the HRA hire a Bermudian over a non-Bermudian but they warned other acts may affect this so you should speak to a lawyer.

    The issues is whether those who have been granted PERMANENT RESIDENCE on this Island have/ or should have the same rights as Bermudians when it comes to employment oppertunities.

    Any rational person would agree with this (see green cards in the US). Whether they can vote etc is a different issue, but of course again most normal position would be that they should be able to.

    You are deflecting guessing and using passionate words in an attempt to justify your view, and when you are obviously have miunderstood the position you refuse to listen or even consider the possibility that maybe the person who shouts loudest and is the most angry is not always right.

    The HRC are telling you what the HR Act says. If you dont like it you should have told the PLP about this when they were in power and now tell the OBA. The fact that your prejudiced is sad but is your right.

  21. George says:

    Although I also disagree with the way Walton Brown and the PLP have gone about trying to raise debate about this issue – they do raise a valid point which needs to be addressed by the Government. Why does the document WORK PERMIT POLICIES 2013 issued by the Dept. of Immigration even include the statement below considering the Human Rights ACT supersedes it?

    The Ministry has no powers to force that a particular Bermudian is employed. Notwithstanding this, it is expected that employers will fill jobs in Bermuda in the following order.

    1. Bermudian non-Bermudian spouse (including the widow or widower) of a Bermudian divorced parent of a Bermudian

    2. Permanent Resident‘s Certificate holder non-Bermudian with a qualifying Bermudian connection other non-Bermudians

    3. Bermudian non-Bermudian spouse (including the widow or widower) of a Bermudian divorced parent of a Bermudian Permanent Resident‘s Certificate holder non-Bermudian with a qualifying Bermudian connection other non-Bermudians.

    If this policy statement in itself is what is causing all the confusion/concern (along with the PLP rhetoric)it needs changed!

    • clearasmud says:

      Policy papers always preceed and is the basis of which legislation is drafted. It therefore must be read to understand the rational and objectives for any legislation. Put different the legislation makes the policy objectives legaly binding. It would be normal to expect employment policy to be enshrined in employment law and not in Human rights law so the fact that the HR act does not address employment is not surprising.

  22. Chris Famous says:

    So let us get this clear.

    The OBA create a policy in 2013 no one complains.

    The PLP points out the same policy in 2014, and OBA supporters start to complain and say that is is not a policy.

    The HRC then says the policy that the OBA created is wrong.yet no OBA supporters call out the OBA for creating the policy.

    But the PLP is wrong for pointing out a policy that the OBA created.

    Hmm

    Interesting that the HRC seems to be quiet on issues affecting Bermudians..

    We really are in an alternative universe.

    But that is none of my business though
    (as according to many OBA supporters)

    • Come - on says:

      OBA did not create the policy. It was inherited from the PLP immigration policy and not changed.

      No-one said it wasnt immigration policy – it is. It is not however a statute/LAW (which you originally pushed).

      How is the HRC ignoring issues about Bermudians? The HRC is following the Act. The statement itself says it is concerned about abuse to Bermudians as well and all politiiciean spokesman etc. Now trying to implicate that the HRC is out to “get” Bermudians is ludicrous and you know it. There are Union and PLP supporters and representatives who are on the Human Rights commission – are you saying your collegues are out to get Bermudians?

      Mr Famous – you exagerated at best and manipulated at worst the real employment position in Bermuda for PRC holders and Bermudians. You made out that PRC holders gaining status would take Bermudian Jobs as it was LAW that Bermudians should be above them. that is what the original flyers said and what you yourself have said. Clearly whoever was right or wrong about “the policy” is not relevant as your original position was wrong. If PRC holders get status they will not suddenly compete/take Bermuda jobs.

      Admit it and then move on to the other issues which so plague you. You so often point out the failings of others – but never your own or your party. As such you cannot be taken seriously nor do your words carry the weight that you wish them too. doing one work liners in dramatic text with questions and hyperbole is a classic mask of someone who knows they are on the back foot but makes out that they are somehow smarter or more informed. Be more responsible and mature.

      • chris smith says:

        This. You’ve hit the nail on the head.

        Chris show some credibility and admit you in the least exagerating for political purposes – or hadn’t done your homework.

    • So the HRC is wrong says:

      Chris, legality aside, if the OBA are the ones that created the “policy” what policy/practice was in place during the PLP’s time in office?

      You seem to be claiming that there was no heirarchy among applicants until the was posted on Immigration’s website (under the OBA)?

      And since the original PRC legislation was enacted during the PLP’s time in office (and contains no heirarchy of any sort that would exempt it from the Human Rights legislation) that would appear to be the fault of the PLP and no-one else.

      So what was it?

  23. Chris Famous says:

    “Jobs: Currently there is an immigration policy that dictates a hiring hierarchy:

    Bermudians — Spouses of Bermudians — PRC holders — Work permit holders.”

    I wrote exactly what is in the OBA immigration policy

    it is expected that employers will fill jobs in Bermuda in the following order.

    1. Bermudian non-Bermudian spouse (including the widow or widower) of a Bermudian divorced parent of a Bermudian

    2. Permanent Resident‘s Certificate holder non-Bermudian with a qualifying Bermudian connection other non-Bermudians

    3. Bermudian non-Bermudian spouse (including the widow or widower) of a Bermudian divorced parent of a Bermudian Permanent Resident‘s Certificate holder non-Bermudian with a qualifying Bermudian connection other non-Bermudians

    • So the HRC is wrong says:

      Chris, you’re avoiding the question.

      Legality aside, if the policy was created by the OBA, what policy was in place during the PLP years?

      And since the original PRC legislation (which was passed during the PLP’s time in office) contained no provisions that overrode the Human Rights Act one can only conclude that the drafters of that legislation, and the MP’s that voted for it, intended that Bermudians, PRC’s and others were all to be on an equal footing; i.e., no heirarchy.

    • So the HRC is wrong says:

      BTW, the phrase “it is expected” does not have any force in law (or even regulation). All it really means is “we hope that”.

    • Please says:

      care to answer the questions Chris? Why are you a commentator if you can’t handle it? You never actually deal with the feedback and ignore the bits you don’t like.

      Really disappointing to me – you are no role model.

  24. Alvin Williams says:

    Isn’t it funny that it has taken the HRC all this time to become concern about the rising feeling of anger among Bermudians reacting the the state of affairs as it effects them in their country without identifying where the roots of this resentment lie. All one has to do is look on the web-sight Election 12 and view the posts to be found there in the run up to the last election. If it is hate we are talking about; than it is the hate that hate produce.
    That why the HRC and it’s chairman with it’s one sided statement has no credibility among Bermudians who have long been the subject of scurrilous abusive language often spewed from under the rock by anonymous faceless elements. This is the new face of the Klu Klux Klan which first made it’s appearance in the United States where rabid racists who have taken to the web to spread their racism poison. What the HRC calls a rising tide of anger among Bermudians is the legitimate response to aggressive anti-Bermudian diatribes and as such is long over due.

    • Come - on says:

      The statement is balanced.

      The roots arent the HRC’s problem – the HRC has to uphold the act and educate on it which they are doing. The PLP made out that PRC holders would take Bermuda jobs, under law. The HRC cleared up this was not an issue.

      You are comparing the HRC to the Klu Klux Clan? What….? what…!? Can you give an example of a political body getting it wrong on the law about Bermudians and the HRC has not said anything? No because you lie to fit your own agenda which seems to sniff at possible violence.